Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1887-04-30
FINALLY DECIDED.
The Supreme Court Says Wallace
County Is Not Organized.
Justice Valentines Opinion.
Notarial Commissions Issued.
Charters Flied, Etc.
Judge Osborn Ousted.
The Powers of the Supreme Court
Defined by one Of Its Members.
Decision of the Supreme Court.
Topeka Daily Capitol.

Topeka Daily Capitol.
About two weeks ago Attorney General
Bradford began a suit in the supreme
court to test the legality of the organ
ization of Wallace county. Yesterday
the court handed down an opinion in the
matter, deciding that Wallace cotnto is
not legally organized. The opinion is
written by Judge Valentine. The action
was brought by the attorney general
against Stephen j. Osborn, judge
of the twenty-third judicial dis
trict, inquiring by what author
| ity Osborn assumes to hold a term
of the district court in Wallace county;
had the court decided that Wallace was
legally organized, Judge Osborn would
have held court in that county, but in
view of the decision handed down yester-
day, no such term of court can legally be
held in that county, and the question
which has been vexing the attorney gen.
eral and the lawyers and the people of
Wallace county for year or more, and
which was the subject of many tiresome
and windy debates during the last session
Of the legislature, has at last been settled
by the highest authority.
Nearly ten years ago Wallace county
was organized by Governor Crawford,
and county officers were elected and a
representative was sent to the legislature;
then there came drouth, and grass
hoppers infested the state, and western
Kansas was depopulated. Even the
county officers left the county, and for a
few years it was almost appropriated.
Two or three years ago, however, it be-
gan to settle up again, and then the
question arose whether the county had
ever been legally organized, and it was
shown when an action was begun in the
supreme court that the county did not
have the number of inhabitants required
by law when it was organized by Gov
ernor Crawford; the question was never
settled, and was brought before the legis-
lature last winter. The only action taken
by that body was the passage of bill
providing for the holding of terms of dis
trict court, which contained the following
provision: "In the county of Wallace on
the fourth Monday in April and fourth
Monday in October, after the same shall
be declared organized by the supreme
court
Justice Valentine in his opinion
handed down yesterday says: "'rhe su-
preme court has no power to organize
counties and no power in any direct
action or proceedings to declare a county
organized; for no action can be brought
in the supreme court or elsewhere, for
the mere purpose of having the supreme
court declare that county is or has been
organized. Hence the foregoing words,
"after the same shall be declared organ
lied by the supreme court" cannot mean
what their literal import would seem to
signify. It is true that we can easily
conceive of actions in which the question
might incidentally arise as to whether
county has been duly organized or not,
and In such action the supreme court
might determine whether the county
had been organized or not, but it can
hardly be supposed that the legislature
would intend III any case that no court
should be held in an organized county
until after the question of its organiza-
ton might incidentally arise in some
action and be determined by the supreme
court and the fact declared that the
county had been duly organized. The
constitution contemplates that every or
ganized county must have district court;
therefore, as the supreme court has no
power to organize counties, and no power
in any direct action or proceeding to de-
clare a county organized, and as it would
seem that every organized county must
have district court, it would seem
that the foregoing words, "after the same
shall be declared organized by the SUI
preme court should be construed to
mean substantially the same as the words
"after the same has been organized"